§2423-A. Authorized conduct for the medical use of marijuana
1.Qualifying patient.
Except as provided in section 2426, a qualifying patient may:
A. Possess up to 2 1/2 ounces of prepared marijuana and an incidental amount of marijuana as provided in subsection 5; [2009, c. 631, §21 (NEW); 2009, c. 631, §51 (AFF).]
B. Cultivate, or designate a primary caregiver to cultivate under paragraph F, up to a total of 6 mature marijuana plants for that qualifying patient. The total number of mature marijuana plants per qualifying patient, whether cultivated by the
patient or by a primary caregiver, may not exceed 6. In addition to the 6 mature marijuana plants, the patient who is cultivating
the patient's own marijuana may have harvested marijuana in varying stages of processing in order to ensure the patient is
able to maintain supply and meet personal needs. Two or more qualifying patients who are members of the same household and
cultivating their own marijuana may share one enclosed, locked facility for cultivation; [2011, c. 407, Pt. B, §16 (AMD).]
C. Possess marijuana paraphernalia; [2009, c. 631, §21 (NEW); 2009, c. 631, §51 (AFF).]
D. Furnish or offer to furnish to another qualifying patient for that patient's medical use of marijuana up to 2 1/2 ounces of prepared marijuana if nothing of value is offered or transferred in return; [2011, c. 407, Pt. B, §16 (AMD).]
E. Designate one person, hospice provider or nursing facility as a primary caregiver to assist with the qualifying patient's medical use of marijuana in a standardized written document, developed by the department,
signed and dated by the qualifying patient, including a one-year expiration and the signed acknowledgment of the primary caregiver
that the primary caregiver may be contacted to confirm the designation of the primary caregiver. A 2nd person or hospice provider or nursing facility may be designated as a 2nd primary caregiver if the patient is under 18 years of age. The primary caregivers for a patient are determined
solely by the patient's preference except that a parent, guardian or person having legal custody shall serve as a primary caregiver for a minor child ; [2011, c. 407, Pt. B, §16 (AMD).]
F. Designate one primary caregiver or a registered dispensary to cultivate marijuana for the medical use of the patient, except
that a hospice provider or a nursing facility that is designated as a primary caregiver by a patient and the staff of the provider or facility may not be designated to cultivate marijuana for the patient. The qualifying patient must designate the primary caregiver or registered dispensary to cultivate for the patient in a standardized
written document, developed by the department, signed and dated by the qualifying patient, which must include a one-year expiration,
the total number of mature plants the primary caregiver is designated to cultivate and the signed acknowledgment of the primary
caregiver that the primary caregiver may be contacted to confirm the designation of the primary caregiver to cultivate for
the patient and the number of mature plants to be cultivated and being cultivated for the patient or the signed acknowledgment
of a person on behalf of the registered dispensary that the registered dispensary may be contacted to confirm the designation
of the dispensary to cultivate for the patient and the number of mature plants to be cultivated and being cultivated for the
patient; and [2011, c. 407, Pt. B, §16 (AMD).]
G. Be in the presence or vicinity of the medical use of marijuana and assist any qualifying patient with using or administering marijuana. [2011, c. 407, Pt. B, §16 (AMD).]
[
2011, c. 407, Pt. B, §16 (AMD)
.]
2.Primary caregiver.
Except as provided in section 2426, a primary caregiver, for the purpose of assisting a qualifying patient who has designated the primary caregiver as provided in subsection 1, may:
A. Possess up to 2 1/2 ounces of prepared marijuana and an incidental amount of marijuana as provided in subsection 5 for each
qualifying patient who has designated the person as a primary caregiver; [2011, c. 407, Pt. B, §16 (AMD).]
B. Cultivate up to 6 mature marijuana plants for each qualifying patient who has designated the primary caregiver to cultivate marijuana on the patient's behalf, subject to the limitation in subsection 1, paragraph B on the total number of plants authorized per qualifying patient. A primary caregiver may not cultivate marijuana for a patient unless the patient has designated the primary caregiver for
that purpose and the patient has not designated a registered dispensary to cultivate marijuana for the patient's medical use. In addition to the marijuana plants otherwise authorized under this paragraph, a primary caregiver may have harvested marijuana
plants in varying stages of processing in order to ensure the primary caregiver is able to meet the needs of the primary caregiver's
qualifying patients; [2011, c. 407, Pt. B, §16 (AMD).]
C. Assist no more than 5 patients at any one time with their medical use of marijuana; [2009, c. 631, §21 (NEW); 2009, c. 631, §51 (AFF).]
D. Receive reasonable monetary compensation for costs associated with assisting a qualifying patient who designated the primary caregiver; [2011, c. 407, Pt. B, §16 (AMD).]
E. Receive reasonable monetary compensation for costs associated with cultivating marijuana for a patient who designated the
primary caregiver to cultivate marijuana; [2011, c. 407, Pt. B, §16 (AMD).]
F. Be in the presence or vicinity of the medical use of marijuana and assist any patient with the medical use, administration or preparation of marijuana; [2011, c. 407, Pt. B, §16 (AMD).]
G. Prepare food as defined in section 2152, subsection 4 containing marijuana for medical use by a qualifying patient pursuant to section 2152, subsection 4-A and section 2167; and [2011, c. 407, Pt. B, §16 (AMD).]
H. For the purpose of disposing of excess prepared marijuana, transfer marijuana to a registered dispensary or another primary
caregiver if nothing of value is received. A primary caregiver who transfers prepared marijuana pursuant to this paragraph
does not by virtue of only that transfer qualify as a member of a collective. [2011, c. 407, Pt. B, §16 (NEW).]
[
2011, c. 407, Pt. B, §16 (AMD)
.]
3.Cultivation of marijuana.
The following provisions apply to the cultivation of marijuana by a qualifying patient under subsection 1 and a primary caregiver under subsection 2.
A. A patient who elects to cultivate marijuana plants must keep the plants in an enclosed, locked facility unless the plants
are being transported because the patient is moving or taking the plants to the patient's own property in order to cultivate
them. [2009, c. 631, §21 (NEW); 2009, c. 631, §51 (AFF).]
B. A primary caregiver who has been designated by a patient to cultivate marijuana for the patient's medical use must keep all
plants in an enclosed, locked facility unless the plants are being transported because the primary caregiver is moving or
taking the plants to the primary caregiver's own property in order to cultivate them. [2009, c. 631, §21 (NEW); 2009, c. 631, §51 (AFF).]
C. A primary caregiver designated to cultivate marijuana for a qualifying patient is required to register with the department,
except that the following primary caregivers are not required to register:
(1) A primary caregiver designated to cultivate for a qualifying patient if that qualifying patient is a member of the household
of that primary caregiver;
(2) Two primary caregivers who are qualifying patients, if those primary caregivers are members of the same household and
assist one another with cultivation; and
(3) A primary caregiver who cultivates for a qualifying patient if that qualifying patient is a member of the family of that
primary caregiver. [2011, c. 407, Pt. B, §16 (NEW).]
D. Two primary caregivers who are members of the same family or household may share the same enclosed, locked facility. [2011, c. 407, Pt. B, §16 (NEW).]
[
2011, c. 407, Pt. B, §16 (AMD)
.]
4.Hospice provider or nursing facility.
A registered patient may name a hospice provider licensed under chapter 1681 or a nursing facility licensed under chapter
405 to serve as a registered primary caregiver. If a hospice provider or nursing facility is named as a primary caregiver,
the provider or facility shall complete the registration process with the department and obtain a primary caregiver registration
card and the staff of the provider or facility shall obtain registry identification cards. To be issued a registry identification
card, a staff person of a hospice provider or nursing facility that has been named as a primary caregiver must be at least
21 years of age and may not have been convicted of a disqualifying drug offense. The hospice provider or nursing facility
and the staff of the provider or facility may not cultivate marijuana for the patient.
[
2009, c. 631, §21 (NEW);
2009, c. 631, §51 (AFF)
.]
5.Incidental amount of marijuana.
For purposes of this section, any incidental amount of marijuana is lawful for a qualifying patient or a primary caregiver to possess and is not included in the amounts of prepared marijuana specified in this section.
[
2011, c. 407, Pt. B, §16 (AMD)
.]
6.Onsite assessments by the department.
[
2011, c. 407, Pt. B, §16 (RP)
.]
7.Excess marijuana; forfeiture.
A person who possesses marijuana seedlings, marijuana plants or prepared marijuana in excess of the limits provided in this
section and rules adopted under this section must forfeit the excess amounts to a law enforcement officer. The law enforcement
officer is authorized to remove all excess marijuana seedlings, marijuana plants and prepared marijuana in order to catalog
the amount of excess marijuana. Possession of marijuana in excess of the limits provided in this section and rules adopted
under this section is a violation as follows:
A. Possession of marijuana in an excess amount up to 2 1/2 ounces is a violation of section 2383; and [2011, c. 383, §1 (NEW).]
B. Possession of marijuana in an excess amount over 2 1/2 ounces is a violation of Title 17-A, chapter 45. [2011, c. 383, §1 (NEW).]
(Subsection 7 as enacted by PL 2011, c. 407, Pt. B, §16 is REALLOCATED TO TITLE 22, SECTION 2423-A, SUBSECTION 9)
[
2011, c. 383, §1 (NEW)
.]
8.Repeat forfeiture.
If a cardholder has previously forfeited excess marijuana pursuant to subsection 7 and a subsequent forfeiture occurs, the
department shall revoke the registry identification card of the cardholder and the entire amount of marijuana seedlings, marijuana
plants and prepared marijuana must be forfeited to a law enforcement officer. The department shall adopt rules to implement
this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375,
subchapter 2-A.
[
2011, c. 383, §1 (NEW)
.]
9. (REALLOCATED FROM T. 22, §2423-A, sub-§7) Collectives prohibited.
Collectives are prohibited under this chapter. A person may not form or participate in a collective.
[
RR 2011, c. 1, §31 (RAL)
.]
SECTION HISTORY
2009, c. 631, §21 (NEW).
2009, c. 631, §51 (AFF).
RR 2011, c. 1, §31 (COR).
2011, c. 383, §1 (AMD).
2011, c. 407, Pt. B, §16 (AMD).
Data for this page extracted on 10/16/2012 08:28:12.